STATE v. WALLACE

9110-2315; CA A74777.

848 P.2d 150 (1993)

119 Or. App. 154

STATE of Oregon, Respondent, v. Brian Lee WALLACE, Appellant.

Court of Appeals of Oregon.

Decided March 31, 1993.


Attorney(s) appearing for the Case

Stephen A. Lipton, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, C.J., and WARREN and EDMONDS, JJ.


PER CURIAM.

Defendant appeals convictions for burglary in the first degree, ORS 164.225, and theft in the third degree. ORS 164.043. He challenges only the sentence imposed for the burglary conviction. The state concedes that the court erred by imposing a sentence under ORS 137.635, rather than under the sentencing guidelines. We accept that concession. State v. Haydon, 116 Or.App. 347, 842 P.2d 410

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